South Dakota Codified Laws
Chapter 08 - Urban Renewal
Section 11-8-38 - Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers.

11-8-38. Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers.
A municipality may itself exercise its urban renewal powers, as defined in §11-8-39, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, created by §11-8-40, or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.

Source: SL 1966, ch 149, §16.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 08 - Urban Renewal

Section 11-8-1 - Definition of terms.

Section 11-8-2 - "Slum area" defined.

Section 11-8-3 - "Blighted area" defined.

Section 11-8-4 - "Urban renewal area" defined.

Section 11-8-5 - "Urban renewal project" defined.

Section 11-8-6 - "Urban renewal plan" defined.

Section 11-8-7 - Legislative findings and declaration of necessity.

Section 11-8-8 - Findings and declaration of necessity required of governing body before exercise of authority.

Section 11-8-9 - Formulation of municipal program for urban renewal--Elements included in program.

Section 11-8-10 - Maximum opportunity to private enterprise as objective--Objective considered in implementation of program.

Section 11-8-11 - Discrimination prohibited.

Section 11-8-12 - Master plan required before approval of urban renewal plans--Adoption of master plan.

Section 11-8-13 - Finding of slum area or blighted area required before approval of project.

Section 11-8-14 - Initiation of urban renewal plans--Submission to and recommendations by planning commission--Time allowed for review.

Section 11-8-15 - Notice and hearing by governing body on urban renewal plan.

Section 11-8-16 - Findings required for approval of urban renewal project by governing body.

Section 11-8-17 - Findings required for approval of urban renewal project in open area.

Section 11-8-18 - Requirements waived for rehabilitation of disaster area.

Section 11-8-19 - Modification of urban renewal plan--Rights of lessee or purchaser protected.

Section 11-8-20 - Plan or modification effective on approval by governing body.

Section 11-8-21 - Necessary powers granted to municipality.

Section 11-8-22 - Municipal power to carry out projects and related activities--Contracts and instruments--Dissemination of information.

Section 11-8-23 - Municipal power to make urban renewal inspections and surveys--Property powers.

Section 11-8-24 - Municipal power to develop plans--Demonstration projects.

Section 11-8-25 - Acquisition and demolition of property prior to approval of plan--Losses when property not incorporated in project.

Section 11-8-26 - Relocation assistance and payments to persons displaced from urban renewal area.

Section 11-8-27 - Changes in streets and public places--Replanning.

Section 11-8-28 - Arrangement for services, repairs, and construction--Enforcement of federal labor standard requirements.

Section 11-8-29 - Municipal appropriations and expenditures--Levy of assessments--Zoning--Agreements with urban renewal agency.

Section 11-8-29.1 - Appropriations by municipality to finance projects.

Section 11-8-30 - Acceptance of loans and grants--Agreement to conditions of federal assistance.

Section 11-8-31 - Investment of reserve and debt service funds--Redemption of bonds.

Section 11-8-32 - Coordination of urban renewal activities--Organization of municipal government.

Section 11-8-33 - Combination of powers exercised by municipality.

Section 11-8-34 - Power of public bodies to assist in urban renewal projects--Enforcement of agreements by successor to municipality.

Section 11-8-35 - Municipal power to assist as public body.

Section 11-8-36 - Appraisal and advertising not required before conveyance, lease or agreement by public body.

Section 11-8-37 - General obligation bonds issued by municipality to aid urban renewal project--Laws applicable.

Section 11-8-38 - Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers.

Section 11-8-40 - Urban renewal agency created--Finding and election required before exercise of powers.

Section 11-8-41 - Appointment and terms of office of commissioners of urban renewal agency.

Section 11-8-42 - Commissioners and urban renewal officers not to hold other public office.

Section 11-8-43 - Reimbursement of expenses of commissioners--Tenure of office--Certificate of appointment.

Section 11-8-44 - Removal of commissioner from office--Notice and hearing.

Section 11-8-45 - Urban renewal agency powers exercised by commissioners--Quorum--Majority required for action--Residence of commissioners.

Section 11-8-46 - Chairman and vice-chairman of urban renewal agency--Employment of director and personnel--Legal assistance.

Section 11-8-47 - Annual report by urban renewal agency to governing body--Contents--Publication of notice of filing.

Section 11-8-48 - Accounts of urban renewal agency--Annual report to auditor-general and governing body.

Section 11-8-49 - Investigations and examinations by auditor-general--Enforcement of compliance by attorney general.

Section 11-8-50 - Eminent domain power for urban renewal--Property devoted to prior public use.

Section 11-8-51 - Evidence of unlawful uses and substandard conditions admissible on question of damages in eminent domain proceedings.

Section 11-8-52 - Voluntary acquisition of urban renewal property by commissioner or agency employee prohibited--Disclosure of involuntary acquisition--Violation as misconduct in office.

Section 11-8-53 - Disclosure by urban renewal official or employee of interest in property involved--Disqualification from participation in agency action--Violation as misconduct in office.

Section 11-8-54 - Temporary operation and maintenance of urban renewal property by municipality.

Section 11-8-55 - Lease or transfer of property for urban renewal development--Covenants and conditions--Approval by governing body.

Section 11-8-58 - Negotiated sale of urban renewal property--Advertising and invitation for proposals.

Section 11-8-59 - Restriction on lease or reconveyance in conveyance to purchaser or lessee of urban renewal property.

Section 11-8-60 - Municipal conveyance conclusively presumed valid.

Section 11-8-61 - Recording of urban renewal plan and contract for transfer of property.

Section 11-8-62 - Formalities waived in disposition of property acquired prior to approval of plan.

Section 11-8-63 - Disposition of urban renewal property for resale by public body or nonprofit corporation--Purchaser or lessee required to develop.

Section 11-8-64 - Tax exemption of urban renewal property--Termination of exemption on transfer to private purchaser or lessee.

Section 11-8-66 - Power to issue bonds for urban renewal projects--Refunding bonds.

Section 11-8-67 - Income and revenues from which bonds payable--Additional security for payment of bonds.

Section 11-8-68 - Resolution or ordinance authorizing bonds.

Section 11-8-71 - Bonds not subject to debt limitation.

Section 11-8-72 - Tax exemption of bonds.

Section 11-8-73 - Recital in bond conclusive of purpose and validity.

Section 11-8-74 - Investment in bonds authorized for financial institutions, trusts, fiduciaries and public deposits.

Section 11-8-75 - Chapter controlling and supplemental to other laws.

Section 11-8-76 - Severability of chapter and applications.